A San Clemente man who says his dog was fatally poisoned in a neighbor's yard more than three months ago said Friday that he is frustrated with the pace of a county criminal investigation of the dog's death.

Marc Schroeder said he wants charges brought against the neighbor, Ray Haines, for leaving out dog food laced with poison. In May, the Coastal Animal Services Authority – which provides animal services in San Clemente and Dana Point – recommended charges, and the Orange County District Attorney's Office said this week that its investigation continues. But Schroeder, citing evidence submitted to the DA's Office, said it is taking much too long.

Shortly after the April 9 death of Schroeder's dog, Diablito, an 8-pound Mexican Colima, Haines told a reporter from KCBS-TV/2 that he had put out poison because of a problem with opossums in his garden. He told the station he was issued a citation for using poison without a permit.

"I feel terrible about this," he told KCBS.

Since then, Haines has not responded to repeated requests for comment.

Schroeder said he and Haines had gotten along fine for years and had been chatting outside Haines' yard two days before Diablito's death. Diablito and Atlas, a friend's 135-pound German shepherd, ran past Haines into his yard. Haines did not object to the dogs entering his yard, Schroeder said, nor was there any mention of poison in the yard.

The next day, Atlas wandered into Haines' yard and suffered convulsions, Schroeder said. After veterinary care, he survived.

Later, Diablito wandered into the yard, went into convulsions and died, Schroeder said.

Schroeder initially thought it was a terrible accident – that Diablito had ingested snail bait or something similar. He went next door and found an empty can of dog food, a bottle of Drano, a mixing bowl and a spoon, he said. A bowl of dog food mixed with Drano was eight feet from his fence, where Diablito easily could have smelled it, he said. He took pictures and summoned animal control, which collected the items and Diablito's corpse.

Schroeder said he paid $400 to have the evidence tested.

Farrah Emami, a spokeswoman for the DA's Office, said she can understand that Schroeder is upset, as no owner would want that to happen to a pet. "But it doesn't serve anyone for us to rush into a criminal case until we've done a full investigation and review of the law," Emami said. "The investigation into this case is ongoing, and we'll make an appropriate filing decision once we have all the facts."

She said she could not discuss any details.

Schroeder appeared at a San Clemente City Council meeting in May to seek "justice for Diablito," hoping the animal-control investigation would lead to criminal prosecution. Mayor Jim Evert voiced sympathy. "We're very sorry to have any kind of experience like this in San Clemente," Evert said.

City Manager George Scarborough said it isn't OK to poison an animal and that "it will be prosecuted."

"It is also a violation to poison wildlife. It's not just domestic animals that cannot be poisoned," Scarborough said.

Club leaders responded with an offer of "deepest condolences" and grief counseling and offered to network in the dog-rescue community in search of a new pet for the Schroeder family – one resembling Diablito.

On Friday, Schroeder was driving to Stockton to meet a breeder who he said offered him a Xoloitzcuintle dog – similar to Diablito – if he would pay for vaccinations and an identification microchip.

Related Links

Marc Schroeder's daughter Catalina shows the San Clemente City Council a picture of Diablito, the family's dog, which Schroeder says was poisoned in a neighbor's yard. FRED SWEGLES, REGISTER FILE PHOTO
Marc Schroeder is pictured with his daughter Catalina and their Mexican Colima dog, Diablito, on the beach at San Onofre on April 8, the day before Diablito died. COURTESY OF SCHROEDER FAMILY
Marc Schroeder tells the San Clemente City Council in May that he wants his neighbor prosecuted in the death of Schroeder's dog, Diablito. Schroeder says he found a mixture of Drano and dog food in the neighbor's yard where Diablito had been. FRED SWEGLES, REGISTER FILE PHOTO

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